JYOTIRAM ABA KARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner implicated as an accused in FIR No. 293/2025 registered with Indapur police station, has approached this Court, seeking issuance of a writ of Habeas Corpus or any other appropriate writ or direction under Article 226 of the Constitution and Sec. 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), thereby declaring the arrest of the petitioner to be illegal, since it is in violation of fundamental right of the petitioner guaranteed under Article 21 and 22 of the Constitution.

(2.) By consent of the parties, since the petition is taken up for final hearing, on completion of pleadings, we deem it appropriate to issue Rule which is made returnable forthwith.

(3.) The petitioner is the husband of one Priyanka Kare and since his wife went missing, he lodged complaint No.9/2025 on 29/1/2025, stating therein that his wife has left the matrimonial home between 9.00 p.m of 28/1/2025 and 6.00 a.m. on 29/1/2025 without informing anyone. He made inquiry about his wife with the relatives and carried out the search in the nearby area, but she could not be found.